GENERAL TERMS AND CONDITIONS

INTRODUCTION

Wistiki sales are carried out in accordance with the following clauses. If you do not wish to agree to these clauses, you will not be able to buy a Wistiki get the best from the services related. Please read the following text carefully. For further questions, please contact our customer service at team@wistiki.com.

The website www.wistiki.com, edited by the Wistiki company, (capital of 12,000 €, registered under RCS Paris B 799 630 736) allows the online purchasing of Wistikis (the “Wistiki” is a small accessory that connects to a smartphone via Bluetooth Low Energy, that helps find lost belongings through a smartphone application dedicated to the matter called Wistiki, in accordance with the clauses stated in the hereby Terms and Conditions.

Launching phase : it is expressly accepted that the Wistiki offer has been available since 2013 / start of 2014 via the crowdfunding platform MyMajorCompany, in “project” mode ; thus, at the time of the launching phase, the industrial production process, as well as communication and sales of the Wistikis was not fully effective yet.

The Wistikis bought on the website are exclusively meant for the users’ personal use and not, in any way, for reselling purposes.

The website is meant for capable adult internet users and emancipated minors.

ARTICLE A. ITEM

The General Terms and Conditions are meant to set the applicable regulations for the online sales of the Wistikis by explaining in detail each step of the buying process and the rights and obligations for each party at the term of the sale.

You are fully informed that the use of the Wistiki requires your subscription to an associated service, necessary to its functioning (the “Associated Service”), via the platforms Apple Store and Google Play.

The General Terms of Use are likely to be modified and updated at any moment.

The essential features of the Wistiki and of the Associated Service are described in the enclosed product information sheet. Its conformity will, however, depend on the well-functioning of the required radio frequencies, notably, fixed and mobile internet access with variable coverage areas, of which we are not aware of the limits; besides, these radio frequencies are inherently prone to behavioral variation, depending on their physical environment, that are beyond our control and are unpredictable. Therefore, we must inform you of this hazard that could affect the Wistiki’s well-functioning, although we’re making the greatest efforts to give the Wistiki its conformity in functioning. When you purchase a Wistiki, you agree to bear that hazard.

You must use the Wistiki exclusively in goodwill, without any intention to control a person’s whereabouts without them knowing. You mustn’t attach the Wistiki to a human being. You mustn’t expose the Wistiki to children under 7 years old.

The Wistiki is not an anti-theft device and cannot identify/recognize the legitimate carrier of the items associated to it. Neither does it have the behavior of a GPS beacon (see product specifications) and cannot be used to geo-locate items in real time, and is therefore not adapted to prevent theft.

It is not waterproof and will therefore have to be kept away from water. Keep it at ambient temperature.

All Wistiki buyers declare their awareness of its practical features, and technical specificities listed on the product information sheet, notably of the fact that the Wistiki is only compatible with smartphones that possess the Bluetooth Low Energy technology.

Thanks to the “community” function, a Wistiki allows you to contact and meet many other users; we are not responsible of the nature, the quality or the accuracy of the communications and encounters that would then ensue from these meetings within the community of people that have an account on our smartphone application, or possess a Wistiki: you agree to assume this responsibility in this respect.

ARTICLE 2: ITEMS PUT ON SALE ON THE WEBSITE – PRICE

The Wistiki offered on sale is only the one featured on the website at the time of its consultation; the website will indicate clearly if the Wistiki is in supply or not. Considering the large demands for Wistikis, we cannot guarantee the availability of the Wistikis at the time of your order.

We make the greatest efforts to depict and describe the Wistiki put on sale in the most faithful manner, by respecting its shade, size, and dimensions. The photos, videos, and texts and all other descriptions of the Wistiki could however not report its true aspect in the most perfect way. You are aware that online sales, considering the technical constraints pertaining to them, cannot replace physical contact with our product.

Price of the Wistiki: the prices in effect, given in Euros, including all taxes, are those mentioned on the website at the moment of your purchase. These prices are prone to variation.

The amount of financial participation on your behalf, preparation/logistics/transport-wise, are shown on the summary of your order, before definitive validation of the considered purchase.

ARTICLE 3. ORDER PLACEMENT

To place an order on the website, you must click on the selected article.

A summary of the selected Wistikis, their brief descriptions and their individual and global prices then appear on your screen. Please check the accuracy of the information thus summed up before confirming your order. Once your order is confirmed like so, and the payment is carried out, you no longer have the option to modify it on the website.

In the case of a pre-order or a delivery deadline exceptionally extended as you will have moved between the time of your order and that of the product shipment, please inform us under a 7-day notice before product shipment. We will not be responsible if the delivery is not made to the right address if this precaution is not taken on your behalf.

You must identify yourself, with your first name, last name, postal address, cell phone number, e-mail address, password, and postal information to continue your purchases. Addresses with only a postal box (PO Box) are insufficient. You agree that the input of your first name, last name, postal address, cell phone number, e-mail address, password, and postal information allows us to presume of your identity’s authenticity in the case of a first purchase, and allows you to create an account. You agree that your authenticity can be proven with your e-mail address and your password, once your account has been created.

After having identified yourself properly, purchasing our product requires your reading and agreeing of the clauses stated in these General Terms and Conditions of Sales, Services, of the clauses concerning the protection of personal data and the operating instructions of our website by taking into full consideration the Website General Conditions tab. By doing so, you express by electronic means your agreement of the affair, of the prices and legal forms subject to contract of the considered sale, at the moment of order execution.

By application of the article L 134-2 of the Consumer Code, when one of your orders is superior or equal to 120 Euros, we must keep a record of the contractual elements for a time period of 10 years starting from the delivery date of your order. You have access to those contractual elements and can ask our Customer Service for them at any moment, in accordance with the clauses stated by Article 7.

ARTICLE 4. PAYMENT

4.1 Payment means

Payment is exclusively made by credit card CB, Visa or MasterCard, by giving us the requested information on our relevant website page. The order shipment will be made, only once the bank information will have been verified and the debit will have been authorized and duly received. Without such an authorization, the sale will not be carried out.

4.2. Payment security

Payment is made via a secure platform operated by the website’s bank. When paying, you are directly led to the electronic banking server of this bank and none of the information will be stored by the WISTIKI company, editor of the website.

4.3. Acknowledgement of receipt

Once payment is through, you will receive an e-mail summarizing the order, at the latest before the delivery that ends the contract linking both parties.

However, you will be notified of the unavailability of an article by electronic means, on the shortest notice, and the price of your purchase will be re-credited on the affiliated bank account as soon as possible, and in all cases, within the 30 days following the notification of its unavailability.

ARTICLE 5. DELIVERY

We will do our best for your order to be delivered within an informative average of 7 work days, starting from the day following that of your effective order. It is specified that the orders registered by the website on Friday afternoons, Saturdays and Sundays will be likely to be handled on the following Monday. Orders registered by the website on a holiday will also be treated on the next working day.

When, due to stock management obligations, the Wistiki orders is no longer available for delivery, the website notifies you of that unavailability and clearly indicates longer informative delivery deadlines.

Delivery deadlines rely on the delivery supply services of outsourcing suppliers, which we do not control: you agree that the delivery deadlines are informative and could be subject to change, even when you have already placed your order.

Delivery costs will be displayed on the website, on your order summary.

Delivery will be carried out at least in all European Union, at the given address. Orders placed from other countries will, if needed, be fulfilled after being validated by our company, on a case by case basis. Delivery will not be insured in case of force majeure and/or of transport strike.

ARTICLE 6. RETURN OF NON-COMPLIANT WISTIKIS AND REVOCATION RIGHTS

ONCE YOU RECEIVE YOUR ORDER, YOU MUST CHECK THE COMPLIANCE OF THE WISTIKIS RECEIVED AS FULFILLMENT OF YOUR ORDER.

6.1. Non-compliant delivery

We do our best to deliver you compliant Wistikis, in accordance to the clauses L 211-4 and L211-5 of the Consumer Code. However, we cannot prevent a potential non-compliant delivery.

In case of major non-compliance, please notify us and return the non-compliant Wistiki (damaged product and/or package…) to the Customer Service, within the 14 days following reception, in accordance to the clauses stated by Article 7.

Our best efforts will be made to deliver a compliant product under thirty (30 days). Failing that, we will proceed to reimbursing at buying price.

Beyond this 14 days deadline, claims about non-compliance will not be considered and we will not be bound to another delivery procedure.

In the case of abnormal or abusive returns, future orders on your behalf could be denied.

6.2 Revocation clauses

You have a fourteen-day (14) deadline, starting from the reception date, to return the Wistiki you have bought. You must return the Wistiki(s), at the latest, fourteen days (14) starting from the day you inform our Customer Service of your decision to revoke your purchase. Shipping fee(s) for returning Wistiki(s) must be paid at buyer’s expense.

6.3. Return clauses

In the case of a non-compliant article, or in case of simple exercise of revocation rights, Wistiki returns must include:

-the product in perfect condition, in its original, untouched packaging

-written proof of purchase

-the article, unopened and/or unused

-the postal address stated at Article 7

-a voucher for its return (available by clicking on this link), printed and filled.

In the case where you call upon your revocation rights, you will promptly receive the entire reimbursement of the paid amounts, except for non-standard shipping costs that you would have selected, within 14 days starting from the day you inform our Customer Service of your decision to revoke your purchase, and under the condition that you respect the clauses stated in this very paragraph 6.3. Your decision to revoke your purchase must be communicated to the postal address as indicated in article 7.

For any further questions on these matters, please call our Customer Service, in accordance to the clauses stated in Article 7.

ARTICLE 7. CUSTOMER SERVICE

For any question or information regarding the use of the website or the terms of General Conditions, or the Wistikis displayed on the website, you may reach us by:

• e-mail : team@wistiki.com

• postal address, at :

Wistiki
Service Clients
8 rue du Faubourg Poissonnière
75010 Paris, France

ARTICLE 8. I.T. PRIVACY POLICY

Please refer to our Confidentiality Policy, displayed on our website, in order to understand your rights protecting the storing and use of your personal information.

ARTICLE 9. INTELLECTUAL PROPERTY

Please refer to the website’s usage policy to understand the rights to intellectual property that you should respect during your use of the website.

ARTICLE 10. LIMITS OF OUR RESPONSIBILITY

Due to technical IT and telecommunication constraints of the website, we cannot guarantee the well-functioning of each of the steps to access the Website: ordering process, payment, shipping follow-up, mainly due to inconvenience or damages related to the use of the internet network, such as exterior intrusion, presence of computer viruses… Besides, in compliance with the law, we deny all responsibility in the event of misconducted sales duties, which would be attributed to your own behavior, or either the unpredictable and insurmountable behavior of a third party to the contract, or in case of force majeure.

We are not responsible for indirect damage, which are, notably, regarding the above, consequences of loss of items attached to a Wistiki that couldn’t be found; this can be justified by the fact that the Wistiki is a device only enabling you to find an item more efficiently. It is not a substitute to taking all measures in order to avoid the loss and research of your items.

Whatever our responsibility, in case of direct damage, duly proven, it will not exceed more than the purchase price of the Wistiki.

ARTICLE 11. FORCE MAJEURE

No responsibility of either party can be called upon in the event of unfulfilled obligations caused by an event constituting force majeure, meaning an irresistible factor, as stated previously.

ARTICLE 12. COMPLETE GENERAL CONDITIONS AND VALIDITY

The General Terms and Conditions and your order confirmation form a contractual package, representing, for the present online sale, the integrality of the given agreements signed by both parties.

If one or any of the clauses of the General Terms and Conditions came to be declared as entirely or partly null, all the other clauses will nevertheless stay applicable in their entirety, while the canceled clause shall be renegotiated.

ARTICLE 13. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The General Conditions obey to the French Law. To settle disputes that could emerge, in all relativity, in accordance to the General Conditions, you are informed of the possibility to resort to a means of conventional mediation or any other alternative way of settling disagreements before considering a dispute in court. For lack of mutual agreement according to specific terms applicable to the research of such an agreement that will be communicated to you in case a disagreement arises, only French tribunals will have this aptitude.